WELCOME TO THE OFFICIAL RICHARD E GERSTEIN JUSTICE BUILDING BLOG. THIS BLOG IS DEDICATED TO JUSTICE BUILDING RUMOR, HUMOR, AND A DISCUSSION ABOUT AND BETWEEN THE JUDGES, LAWYERS AND THE DEDICATED SUPPORT STAFF, CLERKS, COURT REPORTERS, AND CORRECTIONAL OFFICERS WHO LABOR IN THE WORLD OF MIAMI'S CRIMINAL JUSTICE. THIS BLOG HAS BEEN CALLED "THE DEFINITIVE BLOG ON MIAMI CRIMINAL LAW" BY THE NY TIMES, THE WASHINGTON POST, THE POPE, AND DONALD TRUMP WHO ALSO ONCE SAID IT WAS "REALLY GREAT". POST YOUR COMMENTS, OR SEND RUMPOLE A PRIVATE EMAIL AT HOWARDROARK21@GMAIL.COM

Thursday, May 24, 2007

AU REVOIR JUDGE YOUNG

We say “fare thee well” but not goodbye, to Judge David Young, who hangs up the robes this week, and leaves the comfy confines of our Justice Building for the bright lights of Broadway, Hollywood, and Television. We will miss him.

By our calculation, as a Prosecutor, County Court Judge, and Circuit Court Judge, David Young has given close to 25 years of service to the Citizens of Dade County. As much as we will miss him, the people he served will miss him more. Here’s why:

Judge Young’s tenure on the bench was marked by a strong streak of pragmatism. You never had to worry about an unfair result occurring because some poor unfortunate individual got mixed up in something where the law mandated a result that was unfair and unanticipated. Judge Young mixed a strong belief in fairness and common sense with a sharp legal mind. There was never a case, and there was never a day, when we rued appearing before Judge Young.

There are hundreds of stories out there where lawyers have credited Judge Young with stepping in and speaking with or chastising prosecutors who were seeking unreasonable or unfair results just because “the victim wants the max” or some other “head in the sand” reason.

We can’t finish our farewell to Judge Young without mentioning his campaign to make sure sexually active teens were engaging in protected sex. Judge Young was on the bench during the time AIDS ravaged this community. He often spoke of those he knew who died of AIDS. Perhaps many lawyers have thought that Judge Young’s lectures to teenagers who appeared before him were out of line. What we admire so much about Judge Young is that it appeared that he thought all the criticism in the world was worth it if he saved one young person from the early death of AIDS.

With all due respect to the current craze for conservative judges who keep their noses in their strict constructionist law books, we need more people like Judge Young, who saw wrongs, and quite simply, tried to right them.

We wish him well in his new endeavors.

We are happy to publish (with permission) the invitation to his going away soiree:

David’s last day is fast approaching. Please join us to toast him farewell. We will gather for Champagne and Hors De Oeuvres at: La Loggia Ristorante (68 West Flagler Street) on Tuesday, May 29, 2007, 5:00 – 7:00.

ENJOY YOUR HOLIDAY WEEKEND. GET OUT AND HAVE SOME FUN IN THE SUN.

See you in Court Tuesday, and knowing our penchant for free booze, maybe, just maybe, we’ll see you somewhere else.

PS. Today Judge Crist tubed the Court Appointment system. You get what you pay for. Just watch what happens now.

PSS. We put up a permanent link to the Broward Blog. It is to the left, just beneath our favourite federal blogger’s link. The adventure of the defense attorney who was harassed by the Broward Cops after a Broward DMV is a must read.

I'm not thrilled about the post calling Judge Young a name. He is leaving. This is sort of the time that if you don't have anything nice to say, don't say anything at all. But far be it for me to be accused of violating the first amendment.

If you think Judge Young is a bufoon, you clearly are one of those individuals who walks the halls of REG and takes themselves to seriously. Judge Young had the right mix of brains and wit and humor and compassion, he knew that putting on a robe didn't mean he had to become some stuffy uptight know it all

He's leaving (good riddance), Rump, he's not dead. He was totally inappropriate in court. C'mon he wore costumes on Halloween! Is that dignified? What if it was your son being sentenced on the day the Judge was dressed like a penguin. Lay off the political correctness, Rump. It has nothing to do with not being like conservative judges and has everything to do with maintaining the dignity of the bench. By the way, don't you want judges who follow the law? That's what a conservative judge does. Or do you prefer a judge who does what seems like the right thing to do? That is always a miscarriage of justice.

David is a warm caring individual who saw wrongs and tried to right them. He made people comfortable with humor. A similar such person was repeatedly called a buffoon and far worse until his wisdom in dealing with people was finally recognized. Does the name Abraham Lincoln mean anything to you?

Rumpole you are such a hypocrite!You feign upset about the post containing fair comment about David Young yet your blog's daily bread is the very vitriol,envy and unsubstantiated character assasination that you criticize

Your endeavor is pure trash entertaiment,nothing else Sir.It contains the vilest rumblings of a profession that, if judged by the postings here,is populated by some of the meanest,back biting losers to be found any where .

Don't misunderstand me I like reading this garbage,kind of like watching a car wreck with body parts strewn on the road or a toilet backing up and overflowing or watching two low brows beat each other up on Jerry Springer.

to 2:54 am. Am I not human? If you prick me, do I not bleed? (Read the Merchant of Venice).

Can't I express an opinion like everyone else?

As to my endeavor- have you read the blog over the last year? Have you read my posts and comments decrying the mean and nasty posts and asking people to keep that crap to themselves? I try to run a blog that is fun and does not hurt anyone. I walk a line between my desires and my decision to allow an open and honest discussion of the issues in our building. I will admit comments have been posted that are mean. I will never admit-because it is not true- that that is the purpose of the blog. It is not.

Rumpole, you misread, as did Mr. Marcus, the lawyer's statement. The lawyer said the judge was a few fries short of a happy meal "in terms of what's likely to take place" [with the transaction]." He was saying her assumptions about the transaction's liklihood to close lacked support. Inartful? Yes. Insulting? Not really. Contempt? As Jimmy Johnson used to say, puuuhhhlleeeezzeee.

I always enjoyed Judge Young. The jurors in his courtroom loved him too! I didn't care that he wore costumes on Halloween. I kinda like it when a judge isn't cut from the same cloth as all those other boring, stodgy judges. I wish him the best.

I was reading a Daily Business Review article on starting salaries for first year associates. For larger cities, salaries are above 160k. If you're a circuit court judge making 145k that probably a bit insulting. It likely makes offers to be a "TV Judge" a lot more enticing.

Judge Young made a mockery of the bench. From his surfing the web for specicals on E-Bay while on the bench, to his weekly shopping trips in the middle of the day, to his costumes, to his "speeches" to defendant's it is a good day for the judiciary to have Judge Young gone.

He was the worst type of judge. He was inconsistent, self-absorbed and lazy. You never knew which Judge would show up for court: the moderate judge, the crazy and irrational judge or the shopaholic.

He was tempermental and abusive to in-court staff. He was inconsiderate to attorneys and made of fool of himself when he tried to relate to defendants durin his "El Duce" tirades. Intellectually speaking he was lazy on the bench and treated the job as if it were a hobby. Moreover, his love of the limelight was a disservice to many defendants (remember the pilots and the sentence they got).

Judge Young is perfect for tv and that is where he should have a judge from the beginning.

9:29- I just re-read my post on Hanzman. if anything, the post clearly indicates that Hanzman was stabbed in the back and never saw it coming. I have not carried out a hatchet job on him. I think he's a bright fellow and would do a good job, albiet with no criminal experience. The club thing is a red herring thrown out by other candidates to derail his application. Others in the comments section have attacked him. True I posted it, but it was fair commentary on the issue.

i found that young is a grandstanding fool. he is not worthy of being in the same courtroom with the portrait of judge coward. i say good riddance . we all know who will be his target audience, dont we.

Looks like Trialmaster missed his appointment with Dr. Haber today and/or forgot to take his meds--either that or he is deliberately trying to belittle the memory of the great Judge Edward Cowart by calling him a "Coward"

FROM GOVERNOR CRIST: I WOULD LIKE TO THANK ALL THOSE ATTORNEYS OVER THE YEARS WHO HAVE HANDLED SAPD CASES IN MIAMI-THE LARGEST METROPOLITAN AREA IN THE STATE WITH THE HIGHEST CRIME LEVELS AND CASELOAD. WHEN THE PEOPLE OF THE STATE OF FLORIDA DECIDED, BY CONSTITUTIONAL AMENDMENT TO TURN OVER THE COURT SYSTEM TO THE STATE WE RAISED THE RATES OF SAPD FOR THE PAST 3 YEARS TO EASE TRANSITION TO THE CURRENT SYSTEM. WE ARE NOW RETURNING TO THE OLD RATES AND THE 5 COLLATERAL OFFICES WILL BE MORE ECONOMICAL THAN FARMING OUT CONFLICT CASES TO PRIVATE ATTORNEYS. THE SAVINGS WILL BE DRAMATIC. AS I PREVIOUSLY STATED I DON'T CARE IF A FEW HUNDRED ATTORNEYS WILL NOW MAKE LESS MONEY DEFENDING CHILD MOLESTERS, MURDERERS, RAPISTS, ARMED ROBBERS, AGGRAVATED BATTERERS, DRUG DEALERS AND CAREER CRIMINALS. PERHAPS CRIME WILL GO DOWN WHEN THE 15 YEAR OLD MURDERER HAS TO TELL HIS GANG FRIENDS THAT HE HAS A CRAP ATTORNEY WHO HE SEES FOR 20 MINUTES EVERY 6 MONTHS BECAUSE HE DOESN'T LIKE TO VISIT JAILS. NO ONE HAS BEEN ABLE TO COME UP WITH A WAY TO STOP CRIME. POVERTY, SINGLE MOTHERS, UNSTABLE HOMES, CHILDREN WHO SEE NO FUTURE IN CORPORATE AMERICA WHO SEE THE OPPORTUNITY TO GET A LEXUS BY SELLING CRACK- I HAVE NO SOLUTION FOR THIS. SO I WILL CONTINUE TO BUILD PRISONS AND SPEND BILLIONS ON COPS, JAILS, DOC, PROBATION. ALTHOUGH IT HAS NOT REALLY BEEN TRIED- I HAVE DECIDED THAT A LARGE INFLUX OF MONEY IN AFTER SCHOOL PROGRAMS-CHILD CARE SUPPORT FOR SINGLE MOTHERS ETC. IS NOT POLITICALLY EXPEDIENT. BESIDES TEENS WILL ALWAYS DO STUPID THINGS AND BOYS WILL ALWAYS BE BOYS. I WOULD LIKE TO SUGGEST THE DISPLACED ATTORNEYS ATTEND THE FLORIDA BAR SMALL BUSINESS WORKSHOPS AND PERHAPS PURCHASE SOME MARKETING BOOKS AT BARNES AND NOBLE TO GET CLIENTS IN THE WAKE OF THE END OF THE COURT APPOINTMENT SYSTEM. YOU MUST DO THIS. THERE WILL NOT BE ENOUGH MAKESOM CASES AND IT WILL TAKE YEARS TO GET PAID ON THEM ANYWAY.FINALLY LET ME ENCOURAGE YOU TO PERHAPS NETWORK WITH THE 2000 LAWYERS WE ADD EVERY YEAR TO THE FLORIDA BAR-THEY TOO HAVE NO CLIENTS-PERHAPS YOU COULD SHARE OFFICE SPACE AND EXPENSES. THANK YOU FOR YOUR TIME-GOOD LUCK AND TO MY FRIENDS IN SOUTH FLORIDA; HOW ABOUT THAT BILLION DOLLAR NEW PERFORMING ARTS CENTER. NOW THAT WAS A PRUDENT EXPENSE OF TAXPAYER MONEY. THE AVERAGE MILLIONAIRE WILL ATTEND 3 EVENTS PER YEAR-RICH TOURIST ONE- THAT AMOUNTS TO SEVERAL THOUSANDS OPPORTUNITIES FOR YOUNG THUGS TO COMMIT FELONIES IN THE AREA WHICH WILL MEAN BUSINESS FOR YOU. YOU SEE THERE IS A METHOD TO MY MADNESS. NEXT STEP-REVOVATE THE MIAMI ARENA WITH CORPORATE BOXES-BUY IT BACK FROM THE PRIVATE DEVELOPER-THEN USE IT FOR AN INDOOR SOCCER ARENA. GOD WHERE DOES THESE IDEAS COME FROM. GOTTA GO- SEE YOU AT THE BALLET.

Today is Saturday. Tomorrow I am marching down to the federal courthouse and filing a civil rights suit against you and every lawyer in dade county. I have jurisidction to sue every lawyer in Dade county because every lawyer in dade county reads the blog, and that constitutes a conspiracy to violate my Memorial Day rights, my civil rights, my rights to a happy meal, my rights to get access to operation restore sanity, my federalist papers rights to leave free or die, my florida rights to make a right on red....hmmm...and a few other rights that I left behind somewhere.

the trialmaster just finished an out of state trial. sorry about the typo on judge edward cowart. he was the best judge that ever sat on the bench in dade county, bar none.if our current judges had one half of his ability, demeanor and personality we would have a lot less problems in our system.

There has been a critical error in the software our Cray XT4 Supercomputer uses to cruch the numbers we download to come up with the DUI ratings. To further complicate matters, the DUI guy in on vacation in the south of France. Therefore, our Cray XT4 estimates there is a 78.9% chance there will be NO DUI RATINGS this Sunday, as our software engineers are also on vacation and there is really no one around to fix the probblem. The DUI GUY apologizes and hopes this problem will be fixed shortly.

I will sue you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you and you.

Judge Young pretented to care when in reality just loved to listen to himself preach. Perhaps he does have a good heart, and on occasion, did a good deed for a defendant, but again, only for selfish reasons, to hear himself preach. I think we should expect more from judges; more respect, more dignity, and less concern about being in the limelight and getting a tv show.

I worked on a dependency case in juvenile court with David Young when he was in private practice. He was not only totally unprepared but totally disinterested in the outcome involving two young siblings. He made it clear that as a court appointed attorney, he was in it strictly for the fee. His attitude was that the mother, whom he represented, the father and the two kids were losers and not worth the time or effort. I'm totally unimpressed with this man, although he seems to be very impressed with himself. In my opinion, if not for his father's connections when he was a young attorney, he'd be a big nothing.

How nice that at 12:47 in the morning you had nothing else to do but sit in your dungeon and remember something negative about someone over a decade ago and post it here. You must be a wonderful human being.

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